MCGLENNAN & DON

In proceedings before Dawe J of the Family Court of Australia, the father sought an adjournment of contravention proceedings. The core of the dispute concerned whether the parties were exempt from the requirement to participate in family dispute resolution under section 60I of the *Family Law Act 1975* (Cth), given a history of family violence. The Court had previously determined that the parties were indeed exempt from this requirement.

The primary legal issue before the Court was whether, notwithstanding the exemption from mandatory family dispute resolution, the proceedings should be adjourned to allow the parties to attend such a process. The father contended for an adjournment, while the Court was required to consider the appropriateness of delaying the hearing further in light of the circumstances.

Dawe J reasoned that the Court was not satisfied that it was appropriate to delay the hearing further. The Court's decision reflected a consideration of the history of the proceedings and the overall circumstances, leading to the conclusion that an adjournment for further family dispute resolution was not warranted.

Consequently, the Court refused the adjournment for any lengthy period and relisted the matter to resume before Dawe J at 11.00 am on Tuesday, 22 March 2011, with specific sitting times for the remainder of that week noted due to the father's attendance difficulties.